Sanower Alam @ Md. Sanower Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5844 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- BAISI District- Purnia ====================================================== SANOWER ALAM @ MD. SANOWER ALAM Son of Md. Sabnoor Alam Resident of Village- Shadipur Butha, P.S.- Baisi, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mazher Alam For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 392 IPC and later on Sections 406, 409, 420 of the Indian Penal Code were further added.

As per allegation in the FIR, informant/petitioner is running Customer Service Center of SBI Branch at Jamjam market and while he was returning after collecting an amount of Rs. 1,73,000/- allegedly, two unknown persons from a motorcycle came there and took away his bag containing the said amount. It is further alleged that miscreants opened fire upon him as a result of which he received gun shot injury.

It is submitted by learned counsel for the petitioner that petitioner/informant has been falsely implicated in this case. Petitioner himself is the informant of the present case who gave

Patna High Court CR. MISC. No.5844 of 2023(4) dt.09-05-2023 2/2 fardbeyan upon which a case under Section 392 IPC was registered but later on after investigation, I.O. of the case implicated the petitioner u/s 406, 409 and 420 IPC without completing the fair investigation of the case. Petitioner is a disabled person from his left leg. In this case, the informant/petitioner has not supported his case and thereafter during investigation, he turned hostile and because of this, informant became accused in this case. Petitioner has got clean antecedent and he is languishing in judicial custody since 3.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with Baisi P.S. Case No. 189 of 2022. (Sunil Kumar Panwar, J) sushma/- U